COMMUNICATION FROM THE COMMISSION TO THE COUNCIL ACCOMPANYING THE PROPOSAL FOR A COUNCIL REGULATION ON THE PROVISION OF EMERGENCY SUPPORT WITHIN THE EU
Date: 2016-03-02
Institutions: Directorate-General for European Civil Protection and Humanitarian Aid Operations (ECHO), European Commission
Subjects: EU aid, aid to disaster victims, aid to refugees, emergency aid, financial aid, financing of aid, general budget (EU), man-made disaster, natural disaster, refugee

EUROPEAN 
COMMISSION 

Brussels, 2.3.2016  
COM(2016) 116 final 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL 

ACCOMPANYING THE PROPOSAL FOR A COUNCIL REGULATION ON THE 
PROVISION OF  EMERGENCY SUPPORT WITHIN THE EU  

EN 

   EN 

 
 
 
 
  
 
1.  Context 

Today,  more  than  60  million  people  have  been  displaced  as  a  result  of  war,  protracted 
conflict or severe natural disasters. Between January 2015 and February 2016, over 1.1 
million  people  –  refugees,  asylum  seekers  and  migrants  –  have  made  their  way  to  the 
European  Union,  either  escaping  conflict  in  their  countries  of  origin  or  in  search  of  a 
better  and  safer  life.  Despite  the  winter,  the  number  of  refugees  and  migrants  reaching 
EU shores in 2016 has been ten times greater than the figures registered during the same 
period in 2015.1 

The  European  Commission  is  working  in  order  to  ensure  a  strong  and  coordinated 
European response2. An extensive series of proposals was tabled to equip Member States 
with  the  tools  necessary  to  reduce  the  large  number  of  arrivals  and  to  manage  them. 
Substantial  efforts  have  also  been  made  to  address  the  root  causes  of  migration  and  to 
provide humanitarian aid in conflict-ridden areas as well as to refugees in neighbouring 
host countries.  

Unfortunately, whilst waiting for these measures to become fully effective, the European 
Union  is  facing,  for  the  first  time  in  its  history,  the  potential  of  wide  ranging 
humanitarian  consequences  on  its  own  territory.  Immediate  and  exceptional  additional 
coordinated  action  is  required  in  order  to  complement  and  support  the  Member  States' 
response and ensure that the EU can avert a full-blown humanitarian tragedy within its 
borders.  

In this context, on 19 February 2016, the European Council called for urgent action and 
concrete  proposals  from  the  Commission  to  "put  in  place  the  capacity  for  the  EU  to 
provide  humanitarian  assistance  internally,  in  cooperation  with  organisations  such  as 
the  UNHCR,  to  support  countries  facing  large  numbers  of  refugees  and  migrants, 
building  on  the  experience  of  the  EU  Humanitarian  Aid  and  Civil  Protection 
department"3. 

A  new  instrument  and  an  amending  budget  are  needed  to  address  this  gap  in  the  EU's 
toolbox.  Article  214  of  the  Treaty  on  the  Functioning  of  the  EU  allows  so-called 
humanitarian aid  to be used only for needs arising outside the EU. The existing Union 
Civil  Protection  Mechanism  (UCPM)  is  not  suitably  equipped  to  address  the  wide-
ranging  structural  humanitarian  needs  resulting  from  the  refugee  and  migration  crisis. 
The  activations4  of  the  UCPM  for  the  refugee  and  migration  crisis  have  shown  that, 
whereas  voluntary  mutual  assistance  works  well  in  cases  where  one  Member  State  is 
overwhelmed  by  a  disaster,  it  is  not  designed  to  address  situations  in  which  several 
Member  States  may  potentially  be  affected.  Other  instruments,  such  as  the  European 
Union Solidarity Fund (EUSF), the Asylum, Migration and Integration Fund (AMIF) and 
the  Internal  Security  Fund  (ISF),  provide  significant  financial  resources  to  support 
Member States, but are not designed for the purely humanitarian needs of large groups of 
refugees and migrants.  

1 UNHCR 
2  Commission  Communication  of  10  February  on  the  State  of  Play  of  Implementation  of  the  Priority 
Actions under the European Agenda on Migration - COM(2016) 85 final 
3 See European Council Conclusions of 19 February 2016, EUCO 1/16. 
4 Hungary, Slovenia, Croatia, Greece and Serbia have asked for assistance 

2 

 
 
                                                   
Consequently,  it  is  necessary  to  develop  an  instrument  with  a  dedicated  budget  that 
allows  the  EU  to  provide  financial  support  to  humanitarian  partners  capable  of  rapidly 
implementing emergency actions in support of overwhelmed Member States.  

It  is  worth  highlighting  that,  in  line  with  the  mandate  received  from  the  European 
Council, the measures contained in the proposed Regulation will, first and foremost, aim 
to address the exceptional humanitarian challenges that have emerged from the ongoing 
migratory situation, and which are likely to continue for some time. 

Moreover, it is prudent planning to ensure that this new initiative can cater for any future 
major emergencies which could have a wide ranging humanitarian impact. The potential 
for both man-made and natural disasters within the Union is increasingly high, and may 
be of such a scale that they can give rise to severe economic difficulties in one or several 
Member  States.  They  can  also  occur  in  one  or  several  Member  States  already  facing 
severe  economic  difficulties  for  other  reasons,  with  the  ensuing  result  of  further 
exacerbating  and  aggravating  the  overall  economic  situation  of  the  Member  States 
concerned. In either case, the response capacity of the Member State concerned would be 
adversely affected so that the assistance being provided to people in need would in turn 
be negatively impacted. 

The  proposal  therefore  lays  down  a  more  general  framework  for  the  provision  of 
emergency  support  in  all  types  of  natural  or  man-made  disasters  within  the  EU  which 
result in wide-ranging  humanitarian impacts. Building upon the experience that will be 
gained under the proposed Regulation, and taking into account the mid-term evaluation 
of the UCPM due in 2017, synergies will be explored between both instruments. 

2.  Objective and scope 

The specific objective of the proposed Regulation is to lay down measures which allow 
the  Union  to  provide  emergency  financial  support  for  urgently  needed  life-saving  and 
humanitarian relief operations within the EU. This will also allow the Union to provide 
financial support to cover the costs of emergency response operations directly related to 
the  ongoing  migration  and  refugee  crisis.  These  include  all  assistance,  relief  and 
protection  operations  aimed  at  preserving  life,  alleviating  suffering  and  safeguarding  
human  dignity.  Such  operations  would,  for  instance,  encompass  the  provision  of  basic 
relief  items,  health,  education  and  protection  services,  shelter  material  and  related 
services, water and sanitation, or other types of urgently needed relief. 

to  maximise  efficiency, 

the 
In  order 
implementation  of  emergency  response  operations  shall  be  performed  by  partner 
organisations5.  In  this  way  the  Commission  will  be  able  to  immediately  call  upon 
established  and  vetted  partners  or  specialised  Member  State  services  possessing  the 
required experience6. 

the  proposed  Regulation  foresees 

that 

More  in  general,  and  as  requested  by  the  European  Council,  the  proposed  Regulation 
builds  upon  the  solid  experience  that  the  Commission's  Directorate  General  for 
Humanitarian Aid and Civil Protection has acquired in its fields of competence, allowing 
it  to  mirror  inside  the  Union,  the  actions  it  normally  performs  in  third  countries.  In 

5  These  include  UN  agencies, international organisations such as, the international federation of Red Cross and Red 
Crescent Societies, non-profit non-governmental organisations, as well as specialised services of Member States. 
6 The Commission has concluded framework partnership agreements with many such organisations which can also be 
used under this proposed Regulation. 

3 

 
                                                   
particular,  given  the  similarities  between  providing  emergency  support  to  address  the 
basic  humanitarian  needs  within  the  Union  and  the  provision  of  humanitarian  aid  to 
people affected by disasters or conflicts in third countries, the Regulation provides that 
all  operations  financed  under  its  auspices  should  comply  with  internationally  agreed 
humanitarian principles.  

The  disbursement  procedures  are  also  tailored  to  the  nature  of  emergency  support  in 
order  to  ensure  the  necessary  speed  and  flexibility.  Moreover,  the  proposed  Regulation 
will allow grants and public procurement contracts to be awarded directly and to cover 
up to 100 % of eligible costs. Some degree of retroactivity is also foreseen.  

3. Budget and timing 

Based  on  available  data7,  and  since  it  can  reasonably  be  assumed  that  some  of  these 
needs will be covered by other entities, the Commission has concluded that €700 million 
would be required over the next three years, in order to address the growing humanitarian 
needs  in  Europe  during  this  migration  and  refugee  crisis,  particularly  in  EU  countries 
along  the  Western  Balkans  route.  An  allocation  of  €300  million  would  be  required  to 
support and complement Member States' actions to address the outstanding humanitarian 
needs  of  refugees  and  migrants  in  2016  and  to  cater  for  any  unforeseen  calamities.  A 
further  €200  million  should  be  earmarked  for  use  in  2017  and  2018  respectively  as 
further  humanitarian  needs  may  arise,  especially  if  the  refugee  flows  continue  at  their 
current levels. 

Pending the entry into force of the proposed Regulation, the Commission will continue to 
do  its  utmost  to  address  possible  humanitarian  needs  in  the  Member  States  as  a 
consequence of the high influx of refugees and migrants, by relying on AMIF and ISF. 
Although  primarily  designed  to  support  long  term  and  structural  measures  aiming  at 
strengthening  EU  Member  States'  permanent  capacities  in  the  field  of  migration  and 
security,  in  emergency  situations  AMIF  and  ISF  funds  can  also  be  used  to  cater  for  a 
wide range of short-term needs (including of a humanitarian nature).  

4. Conclusion 

The Commission is aware that the use of AMIF and ISF funds can only be a temporary 
solution  whilst  awaiting  the  adoption  of  the  proposed  Regulation.  For  this  reason,  the 
Commission  stresses  the  importance  of  rapidly  adopting  the  proposal,  particularly  in 
view  of  the  onset  of  spring  and  the  likely  escalation  of  humanitarian  needs,  and  calls 
upon the Council to act within the shortest timeframe possible. Action is needed now to 
address the unfolding of a humanitarian crisis within our Union.  

7 This data has been collected by the Commission during the refugee crisis and has been made available by 
experienced humanitarian partners active on the ground (e.g. the 2016 IOM/UNHCR report on "a regional 
refugee  and  migrant  response  plan  for  Europe",  which  states  that  $550M  are  needed  based  on  a  transit 
scenario). 

4